Bill 2, which aims to amend the Civil Code and reform family law, introduces a distinction between the mention of sex and the mention of gender on the birth certificate and on identity documents. If adopted, trans and non-binary people will have to undergo genital surgeries in order to change the gender designation. If necessary, they could request an addition of a gender mention and be obliged to keep the mention of the sex assigned to them at birth. These proposals in the bill constitute a serious violation of the rights that the trans and non-binary community has acquired since 2013.
Forced coming out, invasion of integrity and privacy
The sections concerning civil status in Bill 2 are intended as a response to a 2021 decision of the Superior Court of Quebec. In “Center for the fight against gender oppression c. Quebec ”, the Court recognizes gender identity as the basis of a person’s gender. The judgment calls on the legislator to grant identity documents that respect trans people and promote their full integration into civil society. However, the obligation of genital surgeries prevents a person who does not want – or cannot – do so from obtaining a change of designation of sex. The addition of a gender designation proposed in the bill, which differs from the designation of sex, targets trans people by revealing their trans status on identity documents. This coming out forced exposes them to potential violence and discrimination, and campaigns against their integration.
A social or biological reality?
Canadian and Quebec case law has reiterated the protection of trans people against discrimination since the 1980s. The majority of decisions confer this protection on the basis of sex. Essentially, the courts have repeatedly considered the notion of sex in its social and psychological dimension, and not in its biological dimension. In everyday life, we use the words sex and gender interchangeably. In addition, in our interactions between citizens, we rely on behavior, words, and general physical expression and not genitals to classify others as F, M or non-binary. The mention of sex is a mention of gender. Distinguishing one from the other is a cumbersome and unnecessary exercise.
Rights and legal rights at risk
Recall that in 2013, Law 35, which amended the Civil Code in matters of civil status, inheritance and publication of rights, removed the obligation of medical and surgical treatment to change the sex designation on the certificate. of birth. In 2016, the Assembly unanimously affirmed its commitment against transphobia by adding gender identity and expression to the Charter of human rights and freedoms. It is unacceptable to propose such a bill, which threatens the achievements of a seriously disadvantaged socio-economically community and which marks a flagrant decline in human rights in our society. If Bill 2 were passed, Quebec would become the least inclusive province in the country for trans people. This is unacceptable.
The Minister of Justice should immediately consult with organizations that are experts in the rights of trans people to rectify the situation and restore the confidence of LGBT communities in government bodies.